Rizio and Nelson California Law Blog

The crime of embezzlement is something we often hear discussed through different media outlets. While these media outlets give us a general explanation of what embezzlement is, they do not explain what it means to be charged with this particular crime. Embezzlement is is defined under section 503 of the California Penal Code as “the fraudulent appropriation of property by a person to whom it has been entrusted.”

In plain language, embezzlement is the act of claiming money or material items as one’s own after that person has been entrusted with that money or items. For example, if a member of a church is given the responsibility of handling the financial affairs of the establishment, and then uses the funds for his or her own benefit by creating false book keeping records, that person would be embezzling the money.

Embezzlement is described as a white collar crime. This means it is normally committed by people in positions of power and trust, those who are normally not in dire need of the goods they appropriate from the crime. When someone is found guilty on charges of embezzlement, a federal conviction, sentences can range from restitution with monetary fines, probation or even prison terms depending upon the severity of the charges.

When the value of embezzled goods or money is over $400 U.S.D, the crime becomes Grand Theft. A conviction on these charges could include a prison term of at least sixteen months followed by a parole term after release, restitution, probation, counseling and fines. Charges of grand theft and embezzlement can be treated as either a felony or misdemeanor.

Beyond the court-ordered punishment sentenced to a person convicted of embezzlement, these are criminal charges and will appear on a criminal record check. This may limit future employment possibilities. Not to mention, high profile cases are normally followed by the media and embezzlement is certainly among the long list of crimes that fascinate North American society.

Being charged with embezzlement means facing a judge and/or jury and defending one’s self against accusations that goods, property or money was unlawfully taken by the defendant, a person who was given reasonable access to the good, property or money as part of a job or duty. Being charged with embezzlement could mean a potential prison term and a dark shadow that will follow a guilty conviction forever. However, prosecutors have no easy task in proving beyond a reasonable doubt that a person is guilty of embezzlement.

Anyone who has been accused of embezzlement should immediately contact an experienced embezzlement defense attorney for advice.